Wakaimba v Thuku (Tribunal Case E059 of 2022) [2022] KEBPRT 847 (KLR) (Civ) (22 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 847
- Citation
- [2022] KEBPRT 847 (KLR)
- Decided
- 22 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a lower tribunal rulingCoramHON A. MUMA, Vice Chair
Holding
The notice issued by the landlord is declared valid.
Facts
The landlord and tenant entered into a lease agreement for five years. The tenant defaulted on rent payments, leading to a notice to terminate the tenancy issued by the landlord. The tenant did not respond, and the landlord filed a notice of motion application.
Issues
- Whether the notice issued by the landlord was valid?
- Whether there are any arrears owed to the landlord?
Reasoning
The notice was issued in accordance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, requiring a notice of at least two months before taking effect.
Outcome
The landlord's application is allowed.
Orders
- The notice issued by the landlord is declared valid.
- The tenant shall grant the landlord vacant possession of the premises within the next 30 days.
- Each party shall bear their own costs.
Remedies
- Declaration of the notice's validity.
- Tenant's obligation to vacate the premises.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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